Questions & Answers - Legal Advice Middle East

Compensation for an accident caused by a school car driver

Q: Hi, I was crossing the road when a driver of a school car rolled over my ankle. It was dislocated. I was hospitalized for 4 weeks. They discharged me as an outpatient. Till now, I am still having appointments for checkups. My question is how to claim compensation? Thank you!

A developer delays an apartment handover due to COVID-19 pandemic

Q: I have purchased an apartment in a master community project in Sharjah in Dec-2018 with an anticipated apartment completion date of 31-Dec-2020. The developer has announced, through a periodic masterplan construction newsletter, the construction contract award of my apartment phase on Aug-2020 with a new anticipated completion date by the end of 2021. On Nov-2020, the developer sent a Notification of Extension of Anticipated Completion Date E-mail to postpone the anticipated completion date from 31-Dec-2020 to 31-Dec-2021 due to the COVID-19 pandemic as a Force Majeure event referring to the Force Majeure Events and Foreign Delay Events Clause in the signed Initial Sale and Purchase Agreement. As per the initial anticipated completion date, the construction contract award should have been done prior COVID-19 pandemic to be ready for handover on Dec-2020, however, the developer has justified all the delays due to the COVID-19. The intent is to know if any compensation can be done due to such delays.

The property is not completed while the developer left the country, what to do?

Q: I bought an off-plan property in 2014 and paid the full amount, but the developer couldn`t complete it and left the country. He didn`t register it in the land dept. Now the project has been given to a new developer by the land dept. as it is already 90% complete. The property is not registered in the land dept by the previous developer. The land dept asked me to put a complaint on Dubai Land Department for failure to register by the developer. After the complaint, I received an email from the Real Estate Violation System (RVS) that the property is registered under a different name and asked me to contact the judicial authorities. What would be my property`s status in this scenario, how can I get my property? Can I proceed through Dubai courts according to the arbitration law which is mentioned in the SPA for dispute?

How to cancel a trade license

Q: My trade license expired and I couldn`t renew it for the last two years because of a loss in my business. Can I cancel my license? What is the procedure for that? Please guide!

Breaching a business partnership agreement

Q: It is a business partnership agreement. Before we start, we agreed that I will go to finance everything even the renewal of his car. The only contribution he can do is marketing and client talks. His car has been renewed with all my money. Since we don`t have the license at that time, I agreed to name the insurance with his wife`s name. Then, as we got the license and operated, but the sale was not enough, I tried my very best to sustain all the financial needs until I got drained already. They were staying in my flat as what he offered for the value of the car was 50/50 share. He estimated the value and sold his car to me at 8K. They stayed in my flat for four months without paying anything. So what I did, I charged their bills in the 8K equal value of the car until my balance completely clear out because of the charges. Now, this guy suddenly withdrew his business partnership with me. And even took the car without giving me at least 50% of the value of it. What should I do?

A claim to terminate SPA and claim refund for delay in handover

Q: Dear Lawyers, I need your advice about my situation below. In 2018, I purchased a unit from a developer which they wrote on the reservation form that completion date is Q2-2019. Therefore, I paid 24% including Oqood fees (approximately AED 109000) of the amount of (AED 534430) at booking. Then I paid 50% of the amount as mentioned in the reservation on time. However, when I received the SPA, they changed the completion date to Q1-2020 which I signed as well. Now, the building progress is 45% and they mentioned that completion would be in Q2-2021. Until this time, I did not receive the DLD registration and I need to know what is the best solution in this case. I have asked them many times about it but they keep ignoring me. I do not think they will deliver even on the time they mentioned. Is their a possibility to get my money back, or should I wait until Q2-2021 as they mentioned? I appreciate your help. Best regards

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How to cancel a partner visa while another partner is absconding

Q: My brother and I are partners of a company in Dubai. We filed a case against our third partner who was the owner of the established company in 2014 and his wife was a partner. He cheated us by showing a fake business/profit proposal. He made us partners also in October 2017. We were never involved in the business and we are Abudhabi residents. We filed a case in Feb 2018 when we realized he did not invest our money as our agreement. From then on, he is missing. Now our partner visas’ have expired (Nov 14th) and he is still absconding. We have a judgment against him and ongoing execution for our case. He also has a travel ban and an arrest warrant. We need to cancel the visas so that we can apply for another new visa. I am in the UAE and my brother is outside UAE. It has been three months now. Need sincere assistance!

Checking the cases related to disputes with different parties after business failure

Q: Hello, I am a resident of Canada and holding an Indian passport. I had a business visa from the UAE from 2017 to 2020 and based on that, I was active with my business in Dubai from 2017 till the beginning of 2019. Somehow, we have failed with our business and we stopped our operations in Dubai in late 2018. During this period, we had a deal with banks, trades, suppliers, landlords, and utility companies. We came across multiple disputes with these parties once we ended our operations. Based on this background, I need legal advice for the following: 1) I want to check is there any travel ban imposed on my profile? 2) Is there any legal complaints or case filed against my company or me? 3) If there`s anything, how to resolve it?

The possibility to return to the UAE and renew the trade license after leaving for 6 months

Q: I am the owner of a free zone company. My residency visa was canceled in October 2019 as I had not returned to the UAE within 6 months since my last visit. I would like to return to the UAE to renew my trade license and re-apply for a new residency visa. Under these circumstances, will I be allowed to enter the UAE? Would a new residency visa be issued to me?

What measures need to be taken before buying an existing active company?

Q: Hi, I am planning to buy an existing active company, 13 yrs old, but I foresee legal issues/hidden liabilities later. How can I best safeguard myself? What measures need to be taken before the transfer? Please advice!

The consequences of working without a work permit

Q: An acquaintance of mine has been put in police custody as she was working in Dubai in a company that was involved in an employment fraud. She is on a visitor visa which is expiring in a few days. She has no money. The employer has fled the country. They are taking her to court & will provide legal aid. There are 3 more people like her from India - who have been caught in this. All of them were promised a working visa but were actually working on visitor visas. How long these cases last? How much you pay for bail? What will happen to her visa (she will have to stay till the case is finished - I guess)? What can she do in terms of documents, statements, affidavits to prove her innocence?

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Obtaining the dues of a labour case judgment in case of company closure

Q: Hi madam, I got a labour case judgement for me in Dubai court, until date, the judgement amount has not been received from the company as the company is closed. How can I collect my judgement amount from the company? Note: I received only the deposit amount from the court.

Does the employer have the right to deduct visa renewal costs in case of resignation?

Q: Hi, I have been working in the UAE for 8 years and 4 months at the same company. I have just renewed my new visa last August. Now, I want to resign because of so many issues. The main issue is not paying salary on time. If I calculate my pending salary, it will be more than 3 months. In this situation, if I resign, do they have the right to deduct my new visa dues?

Asking an employee to sign an illegal letter to release his cancellation papers

Q: Hello, I have resigned from my company and it has been 2.5 months now. They are asking me to sign a letter which says that if any recovery doesn’t happen with the vendor, they can legally claim it from me. I have an offer from another company but since I am not getting the cancellation papers, I am not able to join them. What should I do?

How to make sure that there are no debts against property in Ajman before buying it?

Q: As-salam Alaikum, How to make sure that there are no debts against property in Ajman before buying it?

Seeking divorce because the husband is cheating on his wife

Q: Hello, My husband is cheating on me with other different women. I was always forgiving him. He always promised not to do that again and how important I and my son are to him. Unfortunately, he did it again. He damaged my heart. I have already filed a case through a legal consultant. As I know, only local lawyers are allowed to represent at the court. I am searching for a local lawyer with affordable fees, please. I really need help! We both are Muslims, my son is just 3 years. Thank you in advance!